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Updated at 7.30am
FORMER TD AND Minister Ivor Callely will not have to return to prison following the State’s decision to allow him enhanced remission on the prison sentence he received for fraudulently claiming Oireachtas expenses on forged mobile phone invoices.
Callely’s solicitors yesterday confirmed that his application to the Minister for Justice for enhanced remission had been successful. As a result of the Minister’s decision he will not now have to return to Wheatfield Prison for six days to serve out the remainder of his five months sentence.
The High Court in July quashed a refusal by the Minister to grant him remission of sentence. His application was then remitted to the Prison Services for re-consideration.
Pádraig O’Donovan & Company Solicitors, who represent Mr Callely, confirmed to the media today that the former politician had received a letter from the Operations Directorate of the Irish Prison Service informing him of the Minister’s change of mind.
The decision, which was notified to Mr Callely on 20 August, follows the ruling of Mr Justice Anthony Barr quashing the initial decision of the Minister. Judge Barr found the Minister had failed to take all relevant matters into account, which she is obliged to do, when arriving at her decision.
It was learned yesterday that the State is not appealing the High Court’s decision.
Barrister Kieran Kelly had initially brought the application towards the end of last year on behalf of Mr Callely challenging the Ministerial decision not to grant him enhanced remission and seeking his temporary release from prison.
Pending the challenge, Callely was released on bail after four months in prison.
He claimed he was entitled to one third remission of his sentence, as opposed to the normal one quarter, because he had demonstrated good behaviour by participating in structured prison activities, and that he was unlikely to re-offend.
Mr Kelly had argued that the Minister’s decisions were unfair and that Mr Callely was not being treated the same as other prisoners who had committed more serious crimes.
Callely claimed he had been told by staff at Wheatfield Prison that he should have been released early and was only being kept there because of his high profile and the fact he was “a hot potato”. He claimed he was punished twice.
In his judgment Mr Justice Barr said an error of material significance was made when the decision maker had failed to properly assess the available evidence as to the manner and the extent to which Mr Callely had engaged with the authorised structured activities made available to him.
These factors included reports from an assistant prison governor that there was very little chance of Callely reoffending, that he was a first time offender and that he had engaged fully with all the services and structured activities available to him in Wheatfield Prison.
Callely’s conduct in the prison was described to the court by the authorities as “impeccable”. The judge said other factors that ought to have been considered included the manner and extent the prisoner had taken to address his offending behaviour.
Callely’s application for enhanced remission was recommended by the assistant governor, and two retired members of the An Garda Siochana, the Judge also noted.
Mr Callely was unsuccessful in his challenge against the Minister’s refusal to grant him temporary release. The Judge found the Minister had, in a reasonable manner, exercised her discretion when refusing to grant Callely temporary release such as she was entitled to do.
In a subsequent ruling Mr Justice Barr also ruled Mr Callely was entitled to have legal costs paid for by the State.
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Did anyone explain the rules of fight club to these people!
@Darren Ahern: Seems they did… hence no one’s talkin’ about it!?
@Joe Phillips: they made a Snapchat group about it sure that’s worse than talking about it!
@Darren Ahern: They are cowards, gangs attacking one or two people, not really a fight club.
@Darren Ahern: Haha! Good point
Although I don’t remember hearin’ Tyler Durden mention snapchat so, technically…
@Darren Ahern: came here for this comment. Was not disappointed
People don’t report stuff because Guards do nothing about it the majority of the time. And if they do something, the courts don’t follow through. There is no justice for victims in Ireland.
Can’t do anything if it’s not reported.
@Anthony: Can’t do anything when crimes are reported either apparently.
@Carol Oates: moral of the story: never try
@Carol Oates: “apparently”
@Carol Oates: something tells me you want to see more criminals doing porridge.
@Carol Oates: I didnt know Ireland has a 0% crime detection rate…….. why have you hidden this from us for so long… all wise and powerful one
@Carol Oates: It’s sadly true. Someone without a previous conviction would likely be given a suspended sentence for assault in this country, if it can even be proven through the courts. For victims the idea of taking on a gang like this when none of them are taken off the streets is terrifying since the chances of them or one of their comrades coming for revenge is high.
@Carol Oates: all the gardai do is issue speeding fines
@Rochelle: Exactly right.
I’m in no way condoning any of the behaviour described here but I cannot imagine what my childhood would have been like if all the fights that went on when I was young had been filmed.
Two opposing schools fighting down the park….. fights after school….
Can’t say I can think of strangers ever being randomly attacked but there was a lot of fights when I was young that I’m very glad there is no evidence of today.
@Bob Earner: I always get a chuckle out of the “kids these days”’comments from older generations. The same stuff and worse went on back the. Just there wasn’t cameras everywhere to record it or social media to share it
@Kian: It’s the weirdest form of amnesia!!
Can you imagine if every fight resulted in a criminal assault charge!? 60% of my school would have been up in front of the Childrens Panel!
@Bob Earner: There has always been fights after school. But these youths seem to be recording random vicious assaults just for the fun of it. A big difference.
@Kian: ha exactly. If there’s a gun attack : jaysus the worst I ever saw was a knife.
If there’s a knife attack : why can’t they just use their God given fists the cowards!
Use fists : what is wrong with these monsters bring back the rope
@Bob Earner: War of the Buttons is a classic Irish children’s film about two rival schools baiting lumps out if each other.
any shyte bag who randomly attacks someone should be tarred, feathered and forced into the wilderness to fend for themselves
@Eon Cocker: and blow we go live to the 1700s
@Seriously stunned: and now we go live to the 1700s.
Gardai are only getting involved and making a statement in the media because it’s in the public eye and they have to be seen to be doing something. Especially after the recent stats on young offenders getting away with a slew of crimes. They couldn’t care less about teenagers fighting, in reality.
Don’t bother reporting it to the guards they are useless. I witnessed a car being broken into at the weekend rang the guards to report it & they never came, an hour later my wife rang back & reported it again, they never came and now the car is just sitting there wrecked. The scrotes sat in it for an hour trying to get it started and then just walked away.
@Tom Sawyer: no money in responding to that.
@Pius Flynn: we get it you don’t like the Gardaí…yawn
We effectively have no police force in this country now as all their time is taken up gathering revenue for the Government by harassing hard working people going about their business.
No other European people would put up with this lunacy
@Pius Flynn: 10 people dead in 7 days on Irish roads! I think enforcing road traffic legislation is a worthwhile endeavour
Why do people insist on sh*tting on the Gardai when the article clearly states that they are pro-actively trying to sort the problem out?
@Pius Flynn: What exactly are you getting at? Hard-working people speeding; not paying tax; insurance; unsafe vehicles? And if you think that no other Europeans would put up with this, I invite you to try any of the above in France, the Uk, Spain or Germany. You might be surprised to find yourself walking home.
@David Irwin: it depends on what legislation you are talking about.
And anyway we have enough laws, we need training for young drivers, and roads that are safe to drive on.
@George Salter: In other country’s they have technology called number plate recognition, you were probably too busy shining the local superintendents shoes to hear about it.
In other country’s if the police tried to set up checkpoints like they do here, they would be driven across, and rightfully so.
If you pay your tax and insurance and you have a valid drivers license you should be able to go about your business unhindered.
The police have far too much power in this country, it’s a police state really.
@Pius Flynn: been stopped at checkpoints in Germany and Slovenia. Anymore “facts” you want to make up?
Make the statements before someone dies.
His name is Robert Paulson…
Could we not just get some undercover Gardai to join the group and go beat the bejaysus out of them?
have your say